A group of people gathered outside the Western Cape High Court on Monday in support of South Africa filing its Memorial to the International Court of Justice (ICJ), which according to the Presidency contained evidence of how the government of Israel has violated the genocide convention by promoting the destruction of Palestinians living in Gaza. The evidence is detailed in over 750 pages of text, supported by exhibits and annexes of over 4 000 pages. Picture: Armand Hough/Independent Newspapers
With its sights firmly on providing proof and evidence of Israel’s genocide in Gaza, South Africa returned to the International Court of Justice (ICJ) situated at The Hague in Netherlands to file its memorial in the ongoing case against Israel.
The Presidency said the case will continue until the international court makes a finding.
“While the case is in progress, we hope that Israel will abide by the court’s provisional orders issued to date,” Presidency spokesperson Vincent Magwenya stated last month.
He added that the case represents a growing global effort towards ensuring peace in the Middle East, and several countries, namely, Nicaragua, Palestine, Turkey, Spain, Mexico, Libya and Colombia have joined South Africa’s case against Israel.
On Monday, Dr Atilla Kisla, the international justice cluster lead at Southern Africa Litigation Centre told broadcaster Newzroom Afrika that South Africa’s historical case has exposed the limitations of the ICJ.
“The ICJ has not been designed to be an enforcement authority so it does not have these powers to enforce its own decisions.
“It is always up to the States to enforce those decisions by the ICJ,” Kisla told the news channel.
Analysts say even though Israel has not adhered to the spirit of the three provisional orders issued by the ICJ, South Africa’s case has not been in vain.
“I still think even though Israel is not adhering to the provisional measures issued by the ICJ, those provisional measures were important in order to inform public opinion but also to support the international community or States’ initiative,” said Kisla. The South African Zionist Federation (SAZF) meanwhile denounced the South African government’s latest submission against Israel at the ICJ.
“This latest legal manoeuvre not only distorts international law, but also trivialises genuine cases of genocide throughout history.
“The term ‘genocide’, as precisely defined under international law, refers to the systematic and deliberate destruction of a specific ethnic, national, or religious group.
“Israel's defensive operations in Gaza, initiated only after Hamas's brutal 7 October 2023 attack, bear no resemblance to this definition.”
The SAZF also said it noted that the “ANC no longer has unfettered control over South Africa's foreign policy”.
“Other parties in the Government of National Unity have both the power and responsibility to help reshape our nation's diplomatic direction.
“We urge all South African political parties to work towards restoring South Africa's standing as a credible international actor – one that aligns with Western democratic values rather than rogue states and terrorist organisations.”
Last week, IOL reported that pro-Palestine demonstrations are surging as conflict continues in Palestinian territories and escalates in the Middle East.
The year-long on-ground and air bombing campaign by Israeli forces intent on obliterating Hamas has led to the tragic loss of thousands of lives, including innocent children.
In the latest series of protests and demonstrations, organised by local activists and supported by numerous community groups, a march held on Berea Road in Durban highlighted the deepening commitment of South Africans to advocate for Palestinian rights amid the widespread condemnation of violence and oppression.
Cape Times